SYSTEM FEATURES OF THE OBJECT COMPOSITION OF CYBERNETIC LAW

УДК 340

ORCID: 0009-0009-6458-6227

DOI 10.37566/2707-6849-2023-4(45)-6

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Vitaly TSYMBALYUK,

senior researcher, professor of the Department of Theory and History of the State and Law of the Zhytomyr Polytechnic State University, doctor of legal sciences

SYSTEM FEATURES OF THE OBJECT COMPOSITION OF CYBERNETIC LAW

         The article offers for consideration separate results of the study of the object composition of cyber law. Separate norms of Ukrainian legislation on cyber security are analyzed. Definitions of the following leading subject categories are proposed: cyber law; cyberspace, cyber security.

As a doctrinal position, the definition of the essence of law of cybernetic (cyber law, cyber-law) is proposed, its three interrelated components: the sphere of social relations, including those that find expression in public law; direction of scientific research in jurisprudence; academic discipline.

According to the content, the following formulation of cyber law is proposed.

Cybernetic law is a set of norms that determine: the basics of organizing the support of vital national interests in cyberspace the relationship between the needs of a person, a citizen, society, and the state; main goals, directions and principles of state policy; principles of authority of state bodies, enterprises, institutions, organizations of all forms of ownership, coordination of their activities in relation to cyber security.

Based on the analysis of individual theoretical-applied publications, it is substantiated that currently the definition of the content of cybernetic law should be dominated by the scientific position of assigning it, as a legal phenomenon, to a sub-branch as part of a special part of information law. At the same time, it cannot be ruled out that in the future the concept of this right may acquire systemic features of a conditionally autonomous special field of law, which is extrapolated by objective features to the relevant institutes of such leading branches of law as: criminal law, administrative law, civil law.

Key words:law, cyber security legislation, cyber space, cyber law.

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